JK 4525 
1819 
.P26 
Copy 1 



ALABAMA 



JOURNAL OF CONVENTION 
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JOURNAL 



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HUNTSV1LLE* 

PRIJfTED BY JOHJST BQARDMAM 

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Photo-facsimile Reprint 

57 copies only 

Statute Law Book Company 

July, igog 

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OF the Convention of the Alabama Territory, begun and 
held at the town of Huntsville on the fifth, tlay of July, in the 
year ofour Lord one thousand eight hundred and nineteen, and 
of the Independence of the United States of America the forty 
fourth, being the time and place appointed for the meeting of 
the Convention for the purpose of forming a Constitution and 
State Government ; By virtue of an act of Congress « Enti- 
tled an act to enable the. people of the Alabama Territory, to 
form a Constitution and State Government, and for the ad* 
mission of such State into the Uniom on an equal footing witli 
the original States," passed on the second day of March, one 
thousand eight hundred and nineteen. 

The following members appeared and took their seats, to wit: 

From the county of Madison — Clement C/Claij, John Leigh 
Townes, Henry Chambers* Lemuel J&ead* Henry Jlfinor, Gabri- 
ol Moore, John W Walker, and John M Taylor. 

From the county of Monroe — John Jiurphy, John Watkins* 
and James Pickens. 

From the county of Blount — Isaac Brown, John Brown, 
and Gabriel Hanby. 

From the county of Liniestonc — Thomas Bibb, Beverly 
Hughes and Nicholas P.. Davis 

From the county of Shelby — George Phillips and Thomas JL. 
Bogers. 

From the county of Montgomery-— John D. Bibb, ami James 
W. Armstrong. 

From the county of Wasliington — Israel Pickens and Henry 
Hitchcock 

From the county of Tuscaloosa — Marmodvke Williams and 
John L. Tindal. 

From the county df Lawrence — Arthur F. Hopkins and Dan- 
iel Wright 

From the county of Franklin— Richard Ellis and William 
MeUnlj. 

From the county of Cotaco— Mtikijah Vuughan and Thomas 
D. CraJ>b 



From the county of Clark— Reuben Saffoldf Jas.M'Goffin, 
From the county of Cahaba— Little page /Sims, 
From trie county of Conecuh— Samuel Cook. 
From the county of Dallas- ^fPiUiam R King. 
From the county of Marengo — Washington Thompson* 
From the county of Marion— -John D. Terril. 
From the county of Lauderdale — Hugh MVay. 
From the county of St. Clair— David Conner. 
From the county of Autauga~ James Jackson. 
A sufficient number being present to proceed to business ; 
On motionof Mr. Taylor, Mr. Pickens ^of Washington) was 
called to the chair. 

On motion of Mr. Taylor Resolved, that this Convention do 
now proceed to elect a President. 

On motion of Mr Clay Resolved, that tellers be appointed 
for the purpose of counting the ballots : Whereupon Mr. Clay 
and Mr Phillips were appointed? and upon counting the ballots 
tl appeared that Mr. John W, Walker was unanimously elect- 
ed, who being conducted to the chair,-, returned his acknowl- 
edgements, and proceeded to the duties thereof 

On motion of Mr. Clay Resolved, that the Convention do now 
proceed to the election of a Secretary : Mr. Taylor and Mr. 
M'Vav were appointed tellers: and upon counting the ballots 
it appeared that Mr. John Campbell was duly elected^ where- 
upon he was notified oi his appointment, and entered upon the, 
duties of his office. 

Qn motion of Mr Pickens (of Washington) Resolved, that 
the Convention do now proceed to the election of a Doorkeep- 
er, and ufi counting the ballots it appeared that Daniel Rather 
Was duly elected, who entered upon the duties of his office. 

On motion of Mr. Pickens (of Washington) Resolved, that 
a committee of five members be appointed to draft Rules of 
order and decorum for the Government of this Convention; 
whereupon Messrs. Pickens (of Washington,) Minor, Hanby, 
Bogers and Moore, were appointed. 

On motion of Mr. Hitchcock — Resolved, That a Commit- 
tee of Elections be appointed to consist of five membei-s ; where- 
upon Messrs. Hitchcock, M'Goffln, Townes, Ellis and Wil- 
liams were appointed. 

On motion of Mr Hitchcock— Resolved, That the rules for 
the government of the House of Representatives of the Alaba- 
ma Territory be adopted as the rules for the government of 
this Convention, so far as they are applicable, until otherwise 
ordered by the Convention. 



On motion* ordered that the Convention do now adjourn till 
10 o'clock tomorrow morning. 

TUESDAY. 6th Jvl$, 1319. 
The Convention met pursuant to adjournment 
Mr Wiggins, a member from the county of Monroe, appear- 
ed and took, his scat 

On motion — Resolved* That the Governor of this Territory 
be admitted to take a seat within the bar of this House. 

On motion— *Resolved 9 that the President assign to Mr. 
Boardman a seat within the bar of this House, for the purpose 
of taking down the proceedings thereof. 

On motion of Mr Mead— Resolved* That a Committee of 
Accounts be appointed, whereupon the following members were 
appointed Messrs. Mead, Davis, Crabhj Wright and M'Vay. 

On motion* ordered that the Secretary of the Convention* 
under the direction of the President thereof, he and he is here- 
by authorised to contract for the Printing ordered by the Con- 
vention to be done during its session. 

Mr. Williams offered the following resolution — Resolved* 
That it be expedient for the Convention at this time to form a 
Constitution and State Government for the people of the Ala- 
bama Territory. 

To which Mr. Clay offered the following addition as an a- 
Tnendment, « in conformity with an Act of Congress of the U- 
nited States, passed on the second day of March, one thousand 
eight hundred and nineteen, entitled " An act to enable the 
people of the Alabama Territory to form a Constitution and 
State Government, and for the admission of such State into 
the Union, on an equal footing with the original states," and 
The question being taken thereon, it passed in the affinmu 
tlvc. 

The question was then taken upon the resolution as amend- 
ed, and decided in the affirmative. 

The ayes and noes being demanded by two members pre- 
sent: Those who voted in the affirmative were, Mr. President 
Messrs Armstrong, Bibb (of Limestone) Bibb, (of Montgom- 
ery") Brown, Chambers, Clay, Connor, Cook, Crabb, Davis, 
Ellis, Hanhy, Hitchcock,. Hopkins* Hughes. Jackson, King, 
M'Goffin, M'Vay, Mearf,Metcalf, Minor, Moore, Murphy, 
Phillips, Pickens, (of Monroe) Pickens, of Washington) Ro- 
gers, SaflfoM, Sims, Taylor. Terril, -Thompson, Tindal, 
Townes, Vaughan, Watkins, Wiggins, W illtams and Wright 
No one voting in the negative, the said resolution was u. 
nanimously adopted. 



On motion of Mr. Clay,—- -Resolved* That a Committee of 
— ~ members be appointed to prepare and report to this Con- 
vention a plan of a Constitution or form of Government for 
the State to be formed of the Alabama Territory. 

And on motion — Resolved, That the Convention do now 
proceed to the consideration of said Resolution. 

And upon the question being taken thereon it was determined 
in the affirmative. 

And the question being put, will the Convention agree to the 
said resolution, it was decided in the affirmative. 

Mr. M'Vay moved that the blank in the said Resolution, be 
filled with the number twenty-two : which motion was deci- 
ded in the negative. 

Mr Moore moved that the blank be filled with the number 
twenty : which motion was also decided in the negative. 

Mr. Clay moved that the bfauk be filled with the number 
fifteen, which motion was decided in the affirmative. 

Whereupon the following members were appointed in pur- 
suance of the said resolution, to wit : Messrs. Clay, Pickens 
(of Washington) Bibb, (of Limestone) King, Taylor, Hitch- 
cock, Murphy, Chambers, Hopkins, Safibld, Phillips, Wat- 
kins, Hughes* Bibb (cf Montgomery) and Ellis. 

On motion ordered that the Convention do now adjourn till 
ten o'clock .to morrow inorni ng, 

WEDNESDAY* 7th July 1819. 

The Convention met pursuant to adjournment. Mr. Tout- 
min the member from the county of Baldwin, appeared and 
took his seat. 

Mr. Pickens from the committee appointed to draft Rules of 
order and decorum for the Government of this Convention? 
made a report which was received. 

On motion of Mr. Clay the Convention resolved itself into 
a committee of the whole on the said report, Mr. Murphy in 
the chair,aml after some time spent therein, Mr President re- 
sumed the chair and Mr. Murphy reported that the committee 
had according to order had the said report under consideration 
and had made several amendments therein with which they 
desired the concurrence of the Convention. 

And the questions being taken thereon, they were determin- 
ed in the affirmative. 

The question was then taken on the adoption of said report 
as amended, and passed in the aOirmative. 



Standing Ttules ot Oirdtfc and ftecoirum fox 
conducting business in t\ve Convention. 

TOUCHING THE DUTIES OF PRESIDENT. 

1. The President shall take the chair every day, at the how 
to which the Convention shall have adjourned, on the preceding 
day; shall immediately call the members to order, and on the 
appearance of a quorum, shall cause the journal of the pre- 
ceding day to be read. 

2. He shall preserve order and decorum ; may speak to 
points of o»-d«T^ in preference to other members, rising from 
bis seat for that purpose, and shal) decide questions of order 
subject to an appeal to the Convention by any two members, 
on which appeal no memher shall speak more than once unless 
by leave of the Convention. He shall rise to put a question, 
but may state it sitting. 

S. Questions shall be distinctly pot in this form, viz : J&s ma- 
ny as aire of opinion that [as the question may be] say, aye ; and 
after the affirmative voice is expressed, As many as are of the 
contrary opinion say, no. If the President doubts, or a division 
be called for, the Convention shall divide ; those of the affir- 
mative of the question shall first rise from their seats, aud af- 
terwards those of the negative. 

4. The President shall have a general direction of the Con- 
vention. He shall have a right to name any member to per- 
form the duties of the c hair, but such substitution shall not ex- 
tend beyond an adjournment 

5. Twelve members shall have power to call a house aud send 
for absent members. A majority shall be a quorum to transact 
business, and live members, after the hour of twelve, may ad- 
journ from day to day. 

6. When a member is about to speak, debate, or deliver any 
matter to the Convention, he shall rise from his scat and res- 
pectfully address himself to Mr. President 

7. If any member, in speaking or otherwise, transgress the 
rules, the President shall, or any member may call to order, in 
which case the member so called to order, shall immediately 
sit down, unless permitted to explain ; and the Convention 
shall, if applied to, decide on the case, but without debate. If 
the decision be in favor of the member so called to order, he 
shall be at liberty to proceed : if otherwise, and the case require 
it, he shall be liable to the censure of the Convention. 

8. When two or more happen to rise at the same time, the 
President shall name the person who is first to speak. 



-^ i LJW 



8 

9. No member shall speak mope than twice to the same ques* 
tiou without leave of the Convention ; nor more than once, un- 
til every member choosing to speak shall ha\ e spoken 

10. Whilst the President is putting a quest ion, or addressing 
the Convention, none shall walk across the room, nor, when a 
member is speaking, enter on private discourse ; or pass be- 
tween him and the chair. 

1 L Upon calls of the Convention for taking the yeas and 
nays on any question, the names of the members shall be called 
alphabetically, and each member shall answer from his seat 

18. Any two members shall have a right to call lor the yeas 
and nays of any question. 

!3. When amotion is made and seconded, it shall be stated 
by the President, or if in writing shall be read aloud by the 
Secretary* and every motion shall be reduced to writing, if the 
President or any member request it 

14. Any member may call for a division of the question 
when the sense will admit of it 

15. Each member shall particularly forbear personal rejec- 
tions, nor shall any member name another in argument or de- 
bate. 

16. After a motion is stated by the President, or read by 
the Secretary, it shall be deemed in possession of the Con- 
vention, but may be withdrawn at any time before the decision 
or amendment 

17. When a question is under debate no motion shall be re- 
ceived but to adjourn, to postpone to a day certain, to lie on the 
table, for the previous qucstion,to postpone indefinitely, to com- 
mittor amend, which several motions shall have precedence in 
the order they stand arranged. 

18. A motion to adjourn shall always be in order and shall 
be decided without debate, 

•19. The previous question shall be in this form, shall the 
main question be now put It shall only be admitted when de- 
manded by a majority of the members present, and until it is 
decided shall preclude all amendments and further debate of the 
jnain question-r-On aprevious question their shalS be no debate* 

20 In taking the sense of the Convention a majority of the 
votes of the members present shall govern. 

5M-. No resolution, section or article in the Constitution shall 
be finally concluded and agreed upon until, the same shall have 
been read on three several days, unless a majority of two 
thirds may think it necessary to dispense with this rule, which 
vole shall be decided without debate. 



22. When any question shall have been decided} it shall not 
be reconsidered but on motion of a member who voted in the 
majority, provided that if such motion be made after two days 
from such decision, a majority of the whole Convention shall 
be necessary to a reconsideration. 

£3. The Convention shall resolve itself into a committee of 
the Whole when deemed necessary, and when in committee of 
the Whole, shall be governed b\ the foregoing ru!es> except that 
in committee of the whole any member may speak as often as 
he may think proper. 

24. The President may appoint committees, unless othef. 
wise directed by the convention., 

25. On all questions when the yeas and nays are demanded 
the President shall vote. 

26*. No member shall absent himself from the service of the 
Convention unless he have leave, be sick or unable to attend. 

27. Upon a call of the Convention, the names of the members 
shall be called over by the Secretary, and the absentees with 
out leave, noted ; one hour after which, the names of the absen- 
tees shall again be called over, and those for whom no excuse, 
or an insufficiept excuse is made, may, by order of those pre* 
sent if twelve in number, be taken into custody as they appear 
or may be sent for and taken into custody where to be found. 

COMMITTEES—THEIR DVTT. 

28. It shall he the duty of the committee of elections to exa- 
mine and report upon the certificates of elections and other 
credentials of members returned to serve in this Convention^ 
and to take into their consideration all such petitions and other* 
matters, touching elections and returns, as shall or may be pre- 
sented, or come in question and be referred to them by the 
Convention. 

29. No committee shall alt during the sitting of the Conven- 
tion without special leave. 

3a The Secretary of the Convention shall take an oath, to 
be administered by the President, for the due and faithful dis- 
charge of the duties of his orhce to the best of his knowledge & 
abilities. It shall be his duty to keep and preserve all records 
and papers introduced and submitted to the consideration of 
the Convention ; to furnish such papers as may be committed, 
with the names of the members that compose such committee, 
to the chairman thereof; and in all things to perform his duty 
as Secretary of this Convention, under the direction of the 
President 

31. All questions relating to the priority of business to be 
acted on shall be decided without debate. 



10 

On motion ordered that one hundred copies of the foregoing 
rules be printed for the use of the members of this Convention. 
Mr. Totiluiin offered the following resolution Unsolved, that 
a committee be appointed to take into consideration and re- 
port to this Convention, their opinion on the propositions of • 
Cored by the Congress of the United States for their free ac- 
ceptance or rejection of this Convention in the sixth section of 
the Act entitled " an act to enable the people of the Alabama 
Territory to form a Constitution and State Government* and 
for the admission of such State into the Union on an equal foot* 
ing with the original States/' 

And on motion ordered that said resolution lie upon the ta- 
ble. 

Mr, Townes offered the following resolution ; Resolved 3 that 
the Secretary of this Convention be and he is hereby authori- 
zed to employ one or two assistant** or clerks, to aid him in 
the duties of his office; whoso duties shall commence from and 
after the instant 

And on motion ordered that the said resolution lie upon the 
table. 

On motion of Mr. Bibb {of Montgomery) Resolved* that the 
Boor keeper be directed to employ in the service of thfs Con- 
vention a suitable person to aid him in the discharge of his du- 
ties. 

And on the question being put, will the Convention now 
consider the said Resolution, it was determined in the affir- 
mative. 

And on the question being put, will the Convention agree 
to the said resolution. It was passed in the affirmative. 

Mr. Taylor offered the following resolution ? Recolvtd, that 
the Secretary be authorized, under the direction of the Presi- 
dent to purchase such Stationary, as may he necessary for the 
use of the Convention during, the session. 

And upon the question being put, will the Convention con- 
sider the said resolution. It was determined in the affirmative. 
And on the question, will the Convention agree to the said 
resolution. It was passed in the affirmative. 

(in motion ordered that the Convention do now adjourn 
till 10 o'clock tomorrow morning. 

THURSDAY My 8* 1819, 
The Convention met pursuant to adjournment 
Mr. Moore offered the following resolution; Resolved, that 
Mr. John Campbell,Secretary to this Convention, be nOw qua- 
lified, in conformity with the rules of order and decorum 
which have been adopted for the Government of this body. 



11 

And on the question being taken thereon, it passed La the 
affirmative, 

When the oath was administered by the President in con- 
formity with the rules aforesaid. 

On motion of Mr. Clay the resolution offered by Mr. Townes 
on yesterday, and ordered to lie upon the table : authorizing 
the Secretary to employ an assistant &c. was called up and af- 
ter making some amendments thereto was adopted as follows: 
Be solved, that the Secretary of this convention he and he is 
hereby authorized to employ au assistant, clerk to aid him 
in the duties of his office, whose duties shall commence from 
and alter the 8th instant 

On motion of Mr. Clay, the Resolution offered by Mr. Toul- 
min on yesterday, relative to the propositions contained in 
the 6th section of the act for the admission of tikis Territory • 
into the Union was called up. 

And on motion the Convention Resolved itself into a com- 
mittee of the whole, on said resolution : Mr Pickens of (Wash- 
ington)^ the chair, and after sometime spent therein Mr. Pre- 
sident resumed the chair and Mr. Pickens reported that the 
committee had according to order,had the said Resolution un- 
der consideration, and had amended the same by striking out 
the whole of said resolution after the word Resolved, and in- 
serting in lieu thereof, the following "That this Convention 
in behalf of the people of the Alabama Territory do accept of 
the propositions contained in the 6th section of the act, for the 
admission of the said Territory into the Union, and on the 
conditions expressed therein : and that a committee of 
members be appointed to draft an ordinance conformably to the 
provisions of said section. 

With which amendment they asked the concurrence of the 
Convention. 

And the question being taken thereon. It passed in the af- 
firmative. 

The question was then taken on the adoption of said resolu- 
tion as amended. It passed in the affirmative. 

Mr. Moore moved that the Blank in the said resolution be 
filled with the word "five." 

And the question being taken thereon, it passed in the affir- 
mative. 

Whereupon the following members were appointed, in pur- 
suance of said resolution, Messrs. Toulmin, Townes, M'Goffin, 
Rogers and Williams. 

On motion ordered that this Convention do now adiourn till 
10 o'clock on Monday next. 






12 

MOJfDAT, July 12, 1819. 
The Convention met pursuant to adjournment 
On motion, ordered that this Convention do now adjourn tilt 
10 o'clock to-morrow morning. 

TUESDAY* July 13, 1819. 
The Convention met pursuant to adjournment . 
Mr. Hitchcock from the committee of elections made the 
following report, which was received. 

The committee of elections to whom was referedthe certifi- 
cates and credentials of the members returned to serve in this 
Convention., report the following members duly elected. 

From the county of Madison — Clement C. Clay, John Leigh 
Townes, Henry Chambers? Lemuel Meadt^ John W. Walker, Ga- 
briel Moore, Henry Minor and John M. Taylor. 

From the county of Blount — John Brown, Isaac Brown, and 
Gabriel Hanby. 

From the county of Limestone — Thos. Bibb, Beverly Hughes, 
and Nicholas Davis. 

From the county of Shelby — George Phillips and Thomas & 
Rogers. 

From the county of Montgomery— John D. Bibb and James 
W. Armstrong. 

From the county of Washington— -Israel Pickens and Henry 
Hitchcock. 

From the county of Tusfcaloosa — Marmaduht Williams ana 
John L. Tindal 

From the county of Monroe — John Walkins, John Murphy, 
James Pickens, and Thomas Wiggins. 

From the county of JLawrence— Artfmr F. Hopkins and Dan* 
til Wright 

From the county of Frbnklin+rRichard EUis and William 

Metcalf. 

From the county of Cotaco^Jtfa/feyaft Vaughan, and Thomas 
U f Crabh 

From the county of ClZTk~~Reuhen Saffold and Jstine$ M*- 
Goffin. 

From the county of Baldwin — Harry Touln\in r 

From the county of Cahaba — Littlepage Sims. 

From the county of Conecuh — Samuel Cook. 

From the county of Dallas — William R. King, 

From the county of Marengo — Washington Thompson. 

From the county of Marion — John D Terril. 

From the county of Lauderdale— Hugh M'Vay. 

From the county of St Clair— David Conner* 

From the county of Autauga— Jaw* Jackson. 



19 

Mr. Toulmin from the committee appointed to draft an or- 
dinance * comformably to the conditions, contained in the 6th 
flection of the act for the admission of this Territory into the 
Union ; made a renort, which was received and read the first 
time. 

And on motion ordered that the said report be referred to a 
committee of the whole and be made the order of the day for 
to-morrow, and that fifty copies thereof be printed for the use 
of the. members. 

Mr. Clay, from the committee appointed to draft a plan of a 
Constitution or form of Government for the State to be formed 
of the Alabama Tcr*itory> made a report, which was received 
and read the first time. 

And on motion of Mr. Clay, ordered that the said report be 
referred to a Committee of the whole and.be made the order of 
the day for Thursday next 

Mr. Chambers moved that one hundred copies of the said re- 
port be printed for the use of the Convention. 

And the question being taken thereon it was decided in the 
negative. 

Mr. Clay moved that scvenry-fiv© copies be printed for the 
use of the Convention. 

And the question being- taken thereon it was decided in the 
affirmative. 

On motion, ordered that the Convention do now adjourn till 
10 o'clock to-morrow morning. 

PTEBNESDJIF, My 14, 1819. 

The Convention met pursuant to adjournment 

Mr. King called for the order of the day on th<5 report of the 
committee appointed to prepare an ordinance, conformably to 
the conditions oi the 6th section of the act for the admission 
of this Territory into the Union. 

And on motion the Convention resolved itself into a commit- 
tee of the whole on wind report — Mr. Pickens (of Washington) 
in the chair ; and after some time spent therein — Mr. Presi- 
dent resumed the chair, and Mr. Pickens reported that the 
Committee had according to order had the said report under 
consideration, and had amended the same by striking out the 
preamble and the word therefore, with which amendment they 
desired the concurrence of the Convention. 

Oft motion of Mr. King, ordered that the said report and 
amendment lie upon the table. 

Mr. Hitchcock ottered the following additional rule for the 
government of this Convention ; 






14 

AU adjournments shall be to 9 o'clock on the succeeding 
day. 

Ana the question being taken thereon it was decided in the 
negative. 

Mr, Minor offered the following resolution-— Resolved, That 
a committee oF members be appointed, to draw and re- 

port to this Convention a Memorial to the Congress of the 
United States praying that if the treaty with Spain, made at 
Washington during the present year, shall be ratified by the 
Spanish government — so much of the Territory thereby ceded 
to the United States as lies West of the Appalachicola river, 
may be annexed to the State of Alabama. 

And the question being taken thereon, it passed in the affir- 
mative. 

On motion — Resolved, That the blank in said resolution be 
filled with the word " five." 

And the question being taken thereon, it passed in the affir- 
mative. 

Whereupon the following members %vere appointed in pursu- 
ance of the said resolution, Messrs. Minor, Toulmin, Cook, 
Terril and Jackson. 

On motion ordered that when this Convention adjourns, it 
wil! adjourn till ten o^cloek on Monday next. 

On motion ordered that the Convention do now adjourn. 

MONDAY, July 19, 1819, 

The Convention met pursuant to adjournment 

Mr. Bibb, (of Limestone) moved the reconsideration of the 
motion made by Mr. Hitchcock on Wednesday last, that the 
following be added as an additional Rule for the government of 
this Convention. 

« AH adjournments shall be to 9 o'clock on the succeeding 
day unless otherwise ordered by the Convention." 

And the question being taken thereon, it passed in the affir- 
mative. 

The question was then taken on the adoption of the said rule 
and decided in the affirmative. 

Mr. Toulmin offered the following resolution— Resofoed, 
That the same record be kept of the proceedings in committee 
of the whole as it is usual to keep when the President is in the 
Chair. 

And the question being taken thereon, it was decided in the 
negative. 

On motion of Mr. Clay, the Convention Resohcd itself into 
a committee of the whole, en the report of the committee ap~ 



15 

pointed to prepare and report a plan of a Constitution. Mr. 
King in the Chair — and after the some time spent therein Mr. 
President resumed the chair and Mr. King reported that the 
committee had according to order* had the said report under 
consideration, had made some progress therein, but not having 
time to go the same, had directed him to ask leave to sit agam 
which was granted. 

On motion of Mr. Townes— Resolved* That when this Con* 
vention adjourns, it will adjourn to 4 o'clock this evening, 

On motion ordered that the Convention do now adjourn. 

4 o'clock, J\ M 

The Convention met pursuant to adjournment. 

On motion of Mr. King the Convention resolved itself into 
a committee of the whole on the report of the committee ap. 
pointed to prepare and report a plan of a Constitution ; Miv 
Toulmin in the chair, and after some time spent therein, Mr. 
President resumed tho chair, and Mr. Toulmin reported that 
the committee had according to order had the said report under 
consideration, had made some progress therein but not having 
time to go thro' the same, had directed him, to ask leave to sit 
again which was granted. 

Mr. Mead moved the following resolution — Resolved, That 
the Secretary, bo directed to havo printed for the uso of the 
members, copies of the Journal of the proceedings of this 

Convention. 

Aod the question being taken thereon, it passed in the affirm- 
ative. 

On motion of Mr. King, ordered that the said resolution lie 
upon the tabic. 

On motion, ordered that the Convention do now adjourn. 

TUESDAY My 20, 1819. 
The Convention met pursuant to adjournment 
On motion of Mr. Kinjjthc Convention again resolved itself 
into a committee of the whole on the report of the committee 
appointed, to prepare and report a plan of a Constitution and 
State Government for the State to be formed of the Alabama 
Territory. Mr. Bibb (of Limestone) in the chair, and after 
sometime spent therein — Mr. President resumed the chair and 
Mr. Bibb reported, that the committee had according to order 
had the said report under consideration, had made some pro- 
gress therein but, not having time to go through the same had 
directed him to ask leave to sit again which was granted. 

On motion of Mr. Taylor flesolved, that when this Conven- 
tion adjourns, it will adjourn till half past three o'clock this 
evening. 

On motion ordered that the Convention do now adjourn. 



16 

Half past 3 o'clock, P. M 
The Convention met pursuant to adjournment. 
On motion of Mr. Taylor the Convention resolved itself in- 
to a committee of the whole to take into consideration the re- 
port oi' the committee appointed to prepare and report a plan 
of a Constitution and State Government* for the State to he 
formed oi the Alabama Territory. Mr Saffold in the chair 
and after sometime spent therein, Mr. President resumed th© 
chair and Mr. Saffold reported that the committee had accor* 
dine to order had the said report under consideration and had 
made some progress therein but, not having time to go thro' 
the same had directed him to ask leave to sit again, which was 
granted. 

On motion ordered that the Convention do now adjourn. 

WEDNESDAY, July SI, 1619. 

The Convention met pursuant to adjournment. 

Mr. Mead called up the resolution offered by him on Mon- 
day last directing the Secretary of this Convention Ui have 
printed for the use of the members copies of the Jour* 

nalsof the proceedings of this Convention. 

To which Mr. King moved an amendment in the following 
words : ** And copies to be distributed by the Secretary 

of State anions? the several counties of the State(according to the 
law in relation to the distribution of the Journals of the Xfousfe 
of Representatives}} retaining copies to be deposited 

in the Executive office. 

And the question being taken thereon, it passed in the affir- 
mative. 

On motion of Mr. King Resolved, that the first blank in the 
Resolution be filled with the words «« forty-five," the second 
blank with. f he words "five hundred" and the third blank with 
the words " twenty-five" 

On motion of Mr King the Convention ftesdved itself into 
a committee of the whole to take into consideration the repot t 
of the committee appointed to prepare and report a plan of a 
Constitution. Mr. Murphy in the chair; and after sometime 
spent therein* Mr. President resumed the chair and Mr. Mur- 
phy reported that the committee had according to order had 
the said report under consideration, and had made some pro- 
gress therein but, not having timet** go through the same had 
directed him to ask leave to sit again, which was granted. 

On motion of Mr. Taylor, Resolved, that when this Conven- 
tion adjourns : It will adjourn till 4 o'clock this evening. 

On motion ordered that the Convention do now adjourn 



17 

WEDNESDAY, July 81, 1819.— 4 o'clock P. M. 

The Convention met pursuant to adjournment. 

On motion of Mr. Hughes the Convention resolved itself a- 
gain into a committee of the whole, on the report of the com- 
mittee appointed to prepare and report a plan of a Constitu- 
tion, Mr. Toulmin in the chair, & after some time spent there- 
in — Mr. President resumed the chair, ana Mr. Toulmin re- 
ported that the committee had according to order had the said 
report under consideration & had made some progress there- 
in, but not having time to go through the same had directed 
him to ask leave to sit again, which was granted. 

On motion ordered that the Convention do now adjourn. 

THURSDAY July 22, 1819. 

The Convention met pursuant to adjournment. 

On motion of Mr. Taylor th« Convention resolved itself in- 
t.) a committee of the whole to take into consideration the re- 
port of the committee appointed to prepare and report a plan of 
a Constitution, Mr. King in the chair, h after sometime spent 
therein, Mr. President resumed the chair and Mr. King repor- 
ted, that the committee had according to order had the said re- 
port under consideration and had made some progress therein, 
but not having time to go through the same, had directed him 
to ask leave to sit again, which was granted. 

On motion of Mr. Taylor Resolved, that when this Conven- 
tion adjourns, it will adjourn till 4 o'clock this evening. 

On motion ordered that the Convention do now adjourn. 

4 o'clock P. M 

The Convention met pursuant to adjournment. 

On motion of Mr. Taylor the Convention resolved itself a- 
gain into a committee of the whole to take into consideration 
the report of the committee appointed to prepare and report a 
plan of a Constitution, Mr. Pickens (of Washington) in the 
chair — and after some time spent therein, Mr. President resu- 
med the chair and Mr. Pickens reported that the committee 
had according to order had the said report under considera- 
tion, had made some progress therein, hut not having time to 
go thro* the same, had directed him to ask leave to sit again* 
which was granted. 

On motion ordered that the Convention do now adjourn. 

FRIDAY, July 23, 1819. 
The Convention met pursuant to adjournment. 
On motion of Mr. Clay the Convention resolved itself into 
a committee of the whole, on the report of the committee ap- 

C 



18 






pointed to pnepare ana report a plan of a Constitution ; "M r, 
Bibb (of Limestone) in the chair, anil after some time spent 
therein, Mr President resumed the chair and Mr. Bibb re- 
ported that the committee had according to order had 'the said 
report under consideration, and had made some progress there- 
in, hut not having time to go through the same, had directed 
him to ask leave to sit again,wbich was granted. 

On motion ilesidved* That when this Convention adjourns, 
it will adjourn till 4 o'clock this evening 

On motion ordered that this Convention do now adjourn 

4 o'clock ]>. M 

The Convention met pursuant to adjournment. 

On motion of Mr. Taylor the Convention resolved itself in. 
to a committee of the whole, on the report of the committee ap- 
pointed to prepare and report a plan of a Constitution, Mr. 
Mnrphy in the chair, and alter some time spent therein, Mr. 
President resumed the chair, and Mr. Murphy reported that 
the committee had according to order had the said report un- 
der consideration and had made some progress therein, but 
not having time to go through the same, had directed him to 
ask leave to sit again, which was granted. 

On motion ordered that the Convention do now adjourn. 

SATURDAY, July 24, 1819. 
The Convention mefrpursuant to adjournment 
On motion of Mr. Bibb of Limestone Resolved, that when 
this Convention adjourns it will adjourn till 10 o'clock on 
Monday next 

On motion of Bibb of Limestone, the Convention resolved it- 
self into a committee of the whole, on the report of the commit- 
tee appointed t< prepare and report a plan of a Constitution. — 
Mr. Pickens of "Washington in the chair; and after sometime 
spent therein, Mr President resumed the chair, and Mr. Pick- 
ens reported that the committee had according to order bad the 
said report under consideration and had made some progress 
therein, but not liavingtimo to go thro' the same had directed 
hiin to ask leave to sit again, which was granted. 

On motion ordered that the Convention do now adjourn. 

MONDAY* My 26, m9. 
The Convention Tnet pursuant to adjournment 
On motion of Mr. King, the Convention resolved itself into 
a committee of the whole, on the report of the committee ap- 
pointed to prepare and report a Constitution. Mr. Saflbld in 
the chair; and alter sometime spent therein, Mr. President re- 



1 



19 

sumed the chair, and Mr. Saffold reported that the committee 
had according: to order had the said report under considera- 
tion and had made some progress therein but not having time 
to go thro' the same, had directed him to ask leave to sit again, 
which was granted. 

On motion of Mr. King Resolved, that when this Convention 
adjourns it will adjourn till 4 o'clock this evening. 

On motion ordered that this Convention do now adjourn. 

4 o'clock P.M. 

The Convention met pursuant to adjournment. 

On motion of Mr. Taylor the Convention resolved itself in- 
to a committee of the whole, on the report of the committee 
appointed to prepaie ami report a plan of a Constitution -~Mr. 
King in the chair; and after sometime spent therein, Mr Pre 
siderit resumed the chair, and Mr King reported that the eomr 
mittee had according to order had said report under considera- 
tion and 4 had inade some progress therein, but not having 
time to gO thro' the same had directed him to ask leave to sit 
again which was granted. 

On motion ordered that the Convention do now adjourn, 

TUESDAY, Jyly 27, 1819, 
Tbe Convention met pursuant to adjournment. 
On motion of Mr. Taylor the Convention resolved itself in- 
to a committee of the whole, on the report of the committee 
appointed toprepareand report a plan of a Constitution — Mr, 
Bibb of Limestone in the chair : and after some time spent there- 
in, Mr. President resumed the chair, and Mr. Bibb reported 
that the committee had according to order had said report un- 
der consideration and had made some progress therein but 
not having time to go thro' the same Jtad directed him to ask 
leave to sit again, which was granted. 

On motion of Mr. King llesolved, U*»t when this Convention 
adjourns it will adjourn till half past 3 o'clock. 

On motion ordered that this Convention do now adjourn. 

Half past 3 o'clock P. M, 
The Convention met pursuant to adjournment 
Mr. Garrow a member from the county of Mobile appeared 
and took his scat. 

On motion of Mr. Hughes the Convention resolved itself in- 
to a committee of the whole, mi the report of the committee, 
appointed to prepare and report apian of a. Constitution for 
the State of Alabama. Mi. Pickens of Washington in the 
chair ; and alter some time spent therein, Mr. President resum- 



20 

cd the chair, and Mr. Pickens reported that the committee of 
the whole had according to order had the said report under 
consideration had made sundry amendments thereto. Wjih 
which the committee asked the concurrence of the Convention. 

On motion of Mr. King, ordered that the said report with 
the amendments lie upon the table 

On motion of Mr. King the report of the committee appoint- 
ed to prepare an ordinance comformably to the conditions 
contained in the sixth section of the act of Congress for the ad- 
mission of this Territory into the Union with the amendments 
made thereto in committee of the whole, was called up. 

And on motion the Convention again resolved itself into a 
committee of the whole on the said report and amendments. — 
Mr. Pickens of Washington in the chair 5 and after some time 
spent therein, Mr. President resumed the chair, and Mr. Pick- 
ens reported that the committee had according to order had 
the said ordinance with the amendments under consideration 
and had made sundry amendments thereto, With which they 
asked the concurrence of the Convention, 

And the question being taken thereon, it passed in the affir- 
mative. 

The said ordinance was then read a second time and order- 
ed to he engrossed and read a third time. 

On motion ordered that the Convention do now adjourn. 

WEDNESDAY, July 28, 1819 
The Convention met pursuant to adjournment. 
Mr. Minor from the committee appointed to draw and re- 
port to this Convention a memorial to the Congress of the U- 
nited States praying that if the treaty with Spain made at 
Washington during the present year, shall be ratified by the 
Spanish Government, so much of the Territory thereby ceded 
to the United States as lies west of the Apalachicola .River 
may he annexed to the State of Alabama, made a report which 
was received and read the first time, and ordered to be laid on 
the table. 

On motion of Mr. King the Convention proceeded to consi- 
der the amendments made to the Constitution as reported by 
the committee of the whole. 

The amendments made to the preamble of the Constitution 

as reported by the committee of the whole in the 4th, 6th and 

1 6th lines being read, and the questions being taken thcreoi 

they were concurred in by the Convention. 

A motion was made by Mr. Pickens of Washington, to a- 



-r- 



21 

mend the last amendment made in committee of the whole to 
the preamble of the Constitution, by strikng out the words 
« alteration or," and the question being taken thereon, it pas- 
sed in the affirmative. 

ARTICLE 1 DECLARATION OF EIGHTS 

The amendments made to the 3d, 5th, 9th, nth, and 17th 
sections,being read and the questions being taken thereon, they 
w<P' concurred in by the Convention. 

Mr. Taylor moved to amend the amendment made in com- 
mittee of the whole to the 2 1st. section, by striking out the 
words, "except during the life of the offender.** 

And the question being taken thereon, it passed in the af- 
firmative 

The question was then taken on concurring with the amend- 
ment as amended, and passed in the affirmative 

The question was then taken on the amendment made to the 
29th section, and concurred in by the Convention. 

ARTICLE S LEGISLATIVE DEPARTMENT. 

The amendment which was made in committee of the whote 
to the Sd. sec. being read,was concurred in by the Convention, 

Mr. King moved to disagree to the amendment made in com- 
mittee of the whole to the 4th section, which struck out the 
words twenty three and inserted the words "twenty one," the 
age prescribed as to qualification for a Representative. 

And the question being taken, will tb. Convention concur 
in said amendment, it passed in the affirmative. 

The yeas and nays being called for by two members pre- 
scnt,tho?e who voted m the affirmative are, 

Messrs. Armstrong, Bibb (of Limestone) John Brown, I- 
saac Brown, Clay, Conner, Cook, Crabb, Davis, Ellis, Han- 
by. Hopkins, Hughes, Jackson, M'Goffin, Metcalf, Moore, 
Phillips, Pickens, (ot Washington) Rogers, Saffo^d, Terril, 
Thompson, Tindal, Townes, > aughan, Wiggins, Wright and 
Williams — 29. 

And those who voted in the negative arc, Mr. President, 
Messrs. Bihb,(of Montgomery) Chambers, Garrow, Hitchcock, 
King, M'Vay, Minor, Pickens, (of Monroe) Sims, Taylor, 
Toulmin, and Watkins — 13. 

The amendments to the 5th, 8th, 9th, 10th, 11th and 12th 
sections were read and concurred in. 

The new section proposed by the committee of the whole to 
oome in after the 12th section was read and concurred m. 

The amendments to the 17th, 25th and 2Gth sections were 
read and concurred in. 



22 

The amendments made to the 28tb section being read, Mr. 
Toulmin moved to amend the amendment by striking out the 
words 1828, and inserting in iieu thereof 1825 

And the question being taken thereon, it passed in the affir- 
mative. 

Mr. Williams moved to strike out the provisio to the a- 
intendment., and the question being taken thereon, it was de- 
cided in the negative. 

Mr. Clay moved farther to amend the amendment by adding 
an additional provisio in the following words ; «* And prov - 
ded also that tlje General Assembly shall make ho appropria- 
tions previous to the year 1825 for the building of any other 
State House than that now provided for by law. 
And the question hei ug taken thereon,it passed in the affirmative. 

The question was then taken on concurring with the amend* 
inent as amended, and decided in the affirmative. 

ARTICLE \ EXECUTIVE DEPAItTMEJrr. 

Amendments made to the 5th, 6th, 8th, 14th, 15th, 1 7th# 
Slst, 28d, 23d, and 25th sections were read and concurred in. 

MILITIA 

The amendments made to, the 2d section were read and con- 
curred in. 

The fourth section was then read as amended in com- 
mittee of the whole, which prescribes that all qtficers of the mi- 
litia shall be elected or appointed in such manner as may bo 
prescribed by law ; provided that t|ie General Assembly shall 
not make any such elections or appointments other tnan those 
©f Adjutants General and Quarter-masters General. 

Mr. Saffold moved to 'amend the amendment made in com- 
mittee of the whole, by striking but the words "provided that 
the General Assembly shall not make any such elections or 
appointments." 

And the question being taken thereon, it- was decided" in the 
negative. 

The yeas and nays being demanded by two members pre- 
sent : those who voted in the affirmative are, 

Messrs. Moore, Pickens (of Monroe) Saffojd, Tindall, 
Townes, Wiggins, and Williams — 7. 

Those who voted in the negative arc,Mr President,MessrS. 
Armstrong, Bibb, (of Limestone) Bibb (of Montgomery) John 
Brown, Isaac Brown, Chambers, Clay, Conner, Cook* Crabb, 
Davis, Ellis, Garrow, tianby, Hitchcock, Jlopkins, Hughes* 
Jackson, King, M'Gotlin, M'Vay, Mctcalf, ^inor, Phillips,. 



23 

Fickens (of Washington") Rogers, Sims,Taylor,Terril,Thomp. 
son, Toulmin, Vaughan, Watkins, and WrighW35. 

Mr. King then moved to strike out the words « other than 
those of Adjutants General and Quarter-masters General.'* 

And the question being taken thereon, it was decided in the 
negative. 

The yeas and nays ocing demanded by two members pre- 
sent, those who voted in the affirmative are Mr. President, 
Messrs Bibb, (of Limestone) Bibb (of Montgomery) Chambers, 
Clay, Davis, Ellis, Garrow, Hitchcock, King, Pickens, (of 
Washington) Rogers, Sims, Taylor, Terrii, Thompson, Toui- 
miu, Vaughan, and Watkins — 19. 

Those who voted in the negative arc Messrs Armstrong, 
John Brown, Isaac Bro mi, Conner, Cook, Crabb, Hanby, 
Hopkins, Hughes, Jackson, M'Gofliti, M'Vay, Metcalf, Mi- 
nor, Moore, 'Phillips, Pickens (of Monroe,) Saffoid, Tindal, 
Townes, Wiggins, Wright and Williams — 23. 

The amendments to the tilth section were then read, giv- 
ing to the Governor the appointment of his Aids-dc-Camp. 

Mr. King moved to amend the amendment by striking out 
the words, ♦» his own Md8-lle~Carfrp? and inserting in lieu 
thereof " his staff officers'' — And the question being tukeu 
thereon, it was decided in the negative. 

Mr. Touimiu moved to amend the amendment by adding the 
following words, " he shall nominate, and by and with the ad- 
vice and eonsent of the Senate appoint, all general staff officers, 
whose appointments are not otherwise provided for; and the 
question being taken thereon, it was decided in the negative. 

The question was then taken on the amendment as reported; 
by the committee of the whole and decided in the affirmative. . 

ARTICLE 5 JUDICIAL DEPJBTMEJVT. 

The amendments made in committee of the .whole to sec- 
tions 1st, 2d, 3d, 4th, 5th, 9th, 10th, 1 1th and 13th were read 
and concurred in. 

The amendment made to the 16th section, which pro- 
vides that the clerks of the several courts shall be appointed in 
such manner and be removed from office for such causes, as 
may be prescribed by law — being read, 

Mr. Clay moved to amend the amendment by adding the fol- 
lowing words, "provided that the General Assembly shall not 
make such appointments," And the question being taken there- 
on, it was decided in the negative. 

Mr. Saifold then moved to amend the amendment by strik- 



24 

tng out the amendment of the committee of the whole, after the 
word several* and inserting the following words, after the word 
several, ** Circuit and inferior courts in this state shall be e- 
lected by the qualified electors in each county for the term of 
years and may be removed from office for such causes 
and in such manner as may be prescribed by law, and should 
a vacancy occur subsequent to an election, it shall be filled by 
the Judges of the court in which the vacancy exists, and the 
person so appointed shall hold his office until the next General 
election. 

And the question being taken on striking out said words, it 
was decided in the affirmative. 

The yeas and nays being demanded by two members pre* 
sent, those who voted in the affirmative, are Messrs. Arm- 
strong, Bibb, (of Montgomery) John Brown* Isaac Brown* 
Conner, Cook, Crabb, Hanby, Jackson, M'Goffin, M'Vay, 
Metcalf, Moore,- Phillips, Saffbid, Sims, Terril, Thompson, 
Tindal, Vaughan, Watkins, Wiggins and Williams — £3. 

Those who voted in the negative are Mr. President, Messrs. 
Bibb, (of Limestone) Chambers, Clay, Davis, Ellis, Garrow, 
Hitchcock, Hopkins, Hughes, King, Minor* Pickens, (of 
Monroe) Pickens, (of Washington) Rogers, Toulmin. Taylor, 
Townes and Wright — 19. 

The question was then taken on inserting said words and 
decided in the affirmative. 

The yeas and nays being demanded by two members pre- 
sent Those who voted in tiie affirmative, are Messrs. Arm- 
strong, Bibb (of Montgomery) John Brown, Isaac Brown, 
Conner, Cook, Crabb, Hanby, Jackson, M'Goffin, M'Vay, 
Metcalf, Moore, Phillips, Pickens, (of. Monroe) Satfold, Sims, 
Terril, Thompson, Tindal, Vaughan, Watkins, Wiggins, and 
Williams— 24. 

Those who voted in the negative, are Mr. President, Messrs. 
Bibb 'of Limestone) Chambers, Clay, Davis, Ellis, Garrow, 
ilitchcocki Hopkins, Hughes, King, Minor, Pickens, (of 
Washington) Rogers, Taylor, Toulmin, Townes, k Wright — 1 8 

On motion of Mr. King — Resolved, that when this Conven- 
tion adjourns it will adjourn till 4 o'clock, P. M. 

On motion ordered that the Convention do now adjourn. 

4 o'clock, P. M 

The Convention met pursuant to adjournment. 

On motion of Mr. King the Convention proceeded to consi- 
der the amendments made to the Constitution as reported b/ 
the committee of the whole. 



mttmm 



25 

Mr. Clay mqved farther to amend the amendment made to 
fhc iGth section by adding the following words, "provided 
that no person who may be elected clerk shall be permitted to 
enter on the duties of the office, «< till he shall Have produced to 
the court for Which he shall have been elected clerk * certifi- 
cate from some Judge of the Supremo or Circuit court of this 
State that he is qualified for the duties of bis dfficc,and a failure 
to produce such certificate shall be deemed a vacation of th« 
office, and the court sliall proceed to appoint a clerk, for the 
remainder of the term.'* And the question being taken there- 
on, it was decided in the negative. 

The yeas and nays being demanded by two members pres- 
ent, those who voted in the affirmative, are Messrs. Cham* 
Ws,Clay, Davis, Ellis,Garrow,Hitchcock, Hopkins, Hughes* 
King, M'Goffin, Metcalf, Minor, Rogers, Taylor* Terril, 
Townesand Wright— 17. 

Those who voted In the negative, are Mr President, Messrs. 
Bibb (of Limestone) Bibb (of Montgomery) John Brown, Isaac 
Blown, Conner, Cook, Crabb. II an by, Jackson, M'Vay, 
Moore, Phillips, Pickens (of Washington) Pickens (of Monroe) 
Saffold, Sims, Thompson, Tindal, Toulmin, Vaughan, Wat- 
kins, Wiggins, Williams and Armstrong — 25. 

Mr. Hughes moved to fill the blank in said amendment with 
the word "ten," and the question being taken, it was decided 
in the negative. 

Mr Bibb (of Montgomery) moved to fill the blank with the 
word "four." And the question being taken, it was decided in 
the affirmative. 

Mr. Toulmin moved Farther to amend the said amendment 
by adding the following proviso, "provided, however, that the 
General Assembly shall direct a mode by which persons so e- 
lected shall within six months after their election, be examin- 
ed by clerks or other persons well skilled in the duties of a 
clerk and should it appear on such examination that any per- 
son so elected is not duly qualified to discharge the duties of 
the office, another clerk shall be elected at the next general c- 
lection, and the duties of the office shall in the mean time be 
discharged in such manner as may he prescribed by law," and 
the question being taken thereon, it was decided in the nega* 
tivo. 

The yeas and nays being demanded by two members pre* 
sent, those who voted in the affirmative, are Messrs. Cham- 
ber^ Clay, DaviSjEHis, Garrow, Hitchcock, Hopkins, Hughes, 

D 



I - -- ■ ■■ 



26 

King, M f Goffin 9 Rogers* Terril, Toulmin,Townes and Wright 
— .5. 

Those who voted in the negative, are Mr President, Messrs. 
Armstrong, Bibb, (of Limestone Bibb of Montgomery) John 
Brown, Isaac Brown, Conner. Cook, Crahb, ijauby, Jack- 
son* M'Vay, Metcalf, Minor, Moore, Phillips, Pickens (of 
Monroe) Pickens (of Washington) Saffold, Sims, Taylor, 
Thompson, Tindal, Vaughan, Watkins, Wiggins, and Wil- 
liams— 27. 

The question was then taken on concurring in the amend- 
ment as amended, and was decided in the affirmative. 

The amendment ti» the i9th section was then read, and the 
words «< circuit attornies," stricken out, and the word " soli- 
citors" inserted. 

ARTICLE 6 -GENERAL PROVISIONS. 

The amendments made by the committee of the whole to the 
9th, 12th, 14th, 15th and 16th sections were read and con- 
curred in 

The amendment to the 17th section being read, Mr. Bibb of 
Montgomery, moved to strikeout the words " at the next suc- 
ceeding session/* and the question being taken thereon, it 
was decided in the negative. 

The amendments made in committee of the whole hy striking 
out entirely the 19th,20th and 2 1st sections, were concurred in. 

The. amendment to the 24th section being read was concur- 
red in. 

SLAVES. 

The amendment made to the 2d section was read and con- 
curreuin. 

MODE OF AMENDING AND TIE VISING THE CON- 
STITUTION. 
The amendment made to the 12th line was read and concur- 
red in. 

ESTABLISHMENT OF BANKS 
The amendments made to the 1st section and to the 1st, 5th, 
6th and 7ih rule were read and concurred in. 

SCHEDULE 

The amendments made to the 1st, 6th and 8th sections were 
read and concurred in. 






27 

The new* section introduced in committee of the whole de- 
signating new election precincts being read* ami the question 
being taken, will the Convention concur in this amendment— 
it was decided in the negative. 

On motion ordered that the Convention do wow adjourn. 

THURSDAY, July 29, 1819 

The Convention met pursuant to adjournment 

On morion of Mr King, ordered that the Constitution be 
now read a second time: which was done accordingly. 

Mr. Pickens (of Washington) moved the following amend- 
ment as a new section under the head of « General Provisions **■ 

« In the event of the annexation of any foreign territory to 
this State by a cession from the United Stales, laws may be 
passed extending to the inhabitants of such territory all the 
rights and privileges which may be required by the terms of 
such cession; any thing in this Constitution to the contrary 
Notwithstanding" 

And the question being taken thereon, it passed in the affir« 
mative. 

Mr. Pickens (of Monroe) moved to amend the 5th section 
of the 3d article by adding a proviso in the following words, 
"and provided also that, the General Assembly shall have 
power to declare what oilier free persons above the age of 
twenty one years, shall be entitled to the right of suffrage." 

And the question being taken thereon, it Was decided in the 
negative. 

Mr Bfbb (of Limestone) moved to amend the 5th section of 
the 3d article by adding a proviso in the following words, 
"provided that the General Assembly shall have power to dc 
iinr by law, what free persons of mixed blood shall be deemed 
white persons within the meaning of this section and who 
with the qualifications of age and residence herein required 
shall be d wined qualified electors " 

On motion of Mr Taylor, ordered that the said amendment 
lie upon the table. 

Mr. Tftylor moved to strike out the 16th section of the 5tu 
article, (relative to the appointment of clerks,) and to insert in 
lieu thereof the following, "Clerks of the several Courts 
shall be appointed in such manner, and bold their offices for 
such term and be removed fur such causes, as may be pre- 
scribed by law " 

And the question being taken thereon, i! was decided in the 



■ i ..., ■ i LJ 



■ i ii ii. iiiiii >~rT-m 



28 



Mr. Bibb (of Limestone) moved to strike out all that part 
of the J st section under the article of slaves, which follows the 
word " humanity," in the 10th line. 

And the question Being taken thereon, it was decided in the 
negative. 

Mr Taylor moved to insert, after the word "crimes," in the 
2d section under the article of slaves the following words, "of 
a higher grade than petit larceny." 

And the question being taken thereon, it wa§ decided in the 
affirmative. 

Mr Bibb (of Limestone) moved to amend the third section 
under the article of slaves by striking out the remainder of the 
section which follows the word "slave," in the 4th line. 

And the question being taken thereon, it was decided in the 
affirmative. 

Mr, Clay moved to amend the 15th section of the 6th article 
by inserting after the word « Governor," <* and for members 
of the General Assembly." 

And the question being taken thereon, it was decided in the 
affirmative. 

Mr. Chambers moved to strike out the 1st section under 
the head of Banks* as reported by the Committee of the whole 
and to insert in lieu thereof the following: 

"No Bank nor Branch Bank shall be established, nor 
bankcharrcr renewed under the authority of this Siate, with- 
out the concurrence of a majority of the members elected to 
each House of the General Assembly, not more than one Bank 
or Branch Bank shall be established, nor Bank charter re- 
newed at any oue session of the General Assembly ,nor shall any 
Bank or Branch Bank he established or Bank charter renew- 
ed hut in conformity with the following Rules." 

And the Question being taken thereon, it was decided in the 
negative. 

The yeas and nays being demanded by two members pre- 
sent, those who voted in the affirmative, are, Mr. President, 
Messrs. Chambers, Clay,ISllis, Garrow, Hitchcock, Hopkins, 
Minor, Pickens, (of Monroe) Pickens (of Washington) Tay- 
lor and Watkins — 12. 

Those who voted in the negative, are Messrs. Armstrong, 
Bibb (of Montgomery) Bibb (of Limestone) John, Brown, Isaac 
Brown, Conner, Cook, Crabb, Davis, Hauby, Hughes, Jack- 
son, King, M'Goffin, M'Vay, Mctcaif, Moore, Phillips, Ro- 



Mfc 



29 

rers, Saffold, Sims, TerrtI, Thompson, Tindal, Toulmin, 
Townes, Vaughan, Wiggins, Wright and Williams — 30 

Mr. King moved to amend the 1st section under the bead of 
« mode of amending and revising the Constitution," in the 8th 
line by striking out the words "entitled to vote" and inserting 
in lieu thereof the word « voting*'' and in the 9th line by stri- 
king out the words, "in favour of" and inserting in lieu there- 
of the word « on" in the Uth line by striking out the words 
«• entitled to a vote" and inserting in lieu thereof the word 
" voting" 

Aud the questipn being taken thereon, it was decided in the 
affirnlative. 

Mr. Jackson moved to amend the 14th section of the 5tlt 
article, which provides that the Judges shall hold their offices 
during good behaviour, by striking out the words " good bo* 
baviour," and iuserting in lieu thereof the words « the term 
of six years." 

And the question being taken on striking out, it was deci- 
ded in the negative. 

The yeas and nays being demanded by two members pre- 
sent, those who voted in the aitirmative, are Messr-9, Arm- 
strong, John Brown, Isaac Brown, Conner, Cook. Hanby, 
Jackson^ M'Goffin, M'Vuy, Metcalf, Moore, Phillips, Sal-" 
fold, Sims, Terril, Thompson, Vauglian and Wiggins— 18. 

Those who vuted in thn negative, are Mr President. Bibb, 
(of Limestone) Bibb (of Montgomery^ Chambers, Clay, 
Crabbj Davis, Ellis, Garrow, Hitchcock, Hopkins, Hugucs, 
King, Mead, Murphy, Minor, Pickens (of Monroe) PicKens 
(of VVashington) Rogers. Taylor, Tindal, Toulmin, Townes, 
Watkins, Wright, ami Williams— 25. 

Mr. Saitoh! moved to amend tin* 14th section of the 5th ar- 
ticle, by striking out the following words (after the word pro- 
vided) "however, that the cause or causes for which such re- 
moval shall be required shall be stated at length in such ad- 
dress and entered on the Journals of each House— aud provi 
cled further that the cause or causes shall be notified to the 
Judge so intended to be removed, and he shall be admitted to a 
hearing in his oWn defence before any vote for such address 
shall pass, and in all such cases the vote shall betaken by yeas 
and nays and entered on the Journals of each house respec- 
tively — and provided also." 

And the question being taken thereon, it was decided in the 
negative. 



30 

Mr Phillips moved to amend the Constitution by striking 
out the first section of the 6th article, and inserting the fol- 
lowing in lieu thereof. "Every officer of this State before 
entering upon the duties of his office, shall take the following 
oath or affirmation I, A. B do solemnly swear a9 the case 
may he) that I have not used any undue means to procure my 
election or appointment, either by treating, bribery, false re- 
presentation or otherwise cither directly or indirectly, &that 
ail matters and things touching the services I am to perform 
I will to the best of my abilities, conduct myself so as to pro- 
mote the public good that 1 am duly qualified according to the 
Constitution of this State, and that 1 will support the same, 
and the Constitution of the United States " 

And the question being taken thereon, it was decided in the 
negative. 

Mr Bibb (of Montgomery) moved to amend the 8th sec- 
tion of the 3d article, by striking out so much, as gives sepa- 
rate representation to towns. 

And the question being taken thereon, it was decided in the 
negative. 

The yeas and nays being demanded by two Members pre- 
sent, those who voted in the affirmative, arc messrs Ann- 
strong, Bibb (of Limestone) Bibb (of Montgomery) Isaac 
Brown, Crabb, M'Orotlin, Metcalf, Murphy, Phillips, Pickens 
(of Monroe) Pickens of Washington) Saflbld, Terril, Tindalf 
Vanghan, Wiggins and Williams— 17. 

Those who voted in the negative, are Mr. President, Messrs. 
John Brown, Chambers, Clay, Conner, Cook, Ellis* Garrow, 
Kanby, Hitchcock, Hopkins, Hughes., Jackson. King, M'- 
Voy, Minor, Moore, Rogers, Sims, Taylor. Thompson, 
Tou| min, Townes, Watkins and Wright— 25. 

On motion of Mr. Bibb, (of Limestone)- ordered that the 
Constitution be laid upon the table. 

On motion of Mr. Bibb, (of Limestone.,) Resolved, that 
when this Convention adjourns, it will adjourn till 4 o'clock 
this evening. 

On motion ordered that the Convention do now adjourn. 

4 o'clock, ?> M 

The Convention met pursuant to adjournment 

On motion of Mr. Hitrhcock, tbc Convention resumed the 
consideration of the Constitution. 

M r. H itchcocfv moved to strike out the 4th and 5th sections 
under the head of" militia,'* and insert the following, "The 



31 

Governor shall appoint his Aids-de-camp- Majors General 
shall appoint their Aids-de-camp, and all other division Staff 
officers; Brigadiers General, shall appoint their Aids-de-camp 
and all other Brigade Staff officers? Colonels shall appoint 
their regimental 81 aff officers: and all other officers of the mi- 
litia shall he elected or appointed in such manner as may bo 
prescribed by law, provided that the General Assembly, shall 
not make any such elections or appointments, other than Ad- 
jutants General or Quarter Masters General, and all militia 
officers shall be commissioned by the Governor." 

And the question being taken thereon, it was decided in the 
negative. 

Mr. Crabb moved to strike out the 4th section under the 
head of militia, and to insert in lieu thereof the following: 
* Majors General shall be elected hy the Brigadiers, and 
field officers of (heir respective divisions Brigadiers General 
shall be elected by the field officers of their respective Brig- 
atles. AH other lleld officers of the militia, shall be elected by 
those citizens in their respective districts qualified to vote lor 
representatives, or subject to military duly; Captains, Sub- 
alterns & non-commissioned officers shall be elected by those 
citizens in their respective districts, who are qualified to vote 
for members of the General Assembly or subject to military 
duty" 

And the question being taken on striking out the said sec- 
tion, it was decided in the negative. 

Mr Phillips moved to amend (he 16th seclion of the 3d ar- 
ticle which prescribes the mode of appointing the clerks of 
courts, hy adding the following proviso, « provided however 
that after the year— — the General Assembly may pres- 
cribe a different mode of appointment, but shall not make suoh 
appointments. 

And the question being taken thereon, it was decided in the 
affirmative. 

Mr. Phillips then moved to fill the blank in said proviso, 
with the words one thousand eight hundred and twenty-six. 

And the question being taken thereon, it was decided in the 
affirmative. 

Mr. Hitchcock moved to amend the 16th section of the 4th 
article by striking out in the 2d line the words, " in the Go- 
vernor and Senate or. 5 ' 

And the question being taken thereon, it was decided in the 
affirmative. 



iiauuwwut , iinuiuiiiH rwr. . ',«nuwai 



32 

Mr. King moved to amend the 7th section of the Schedule 
by inserting in the fourth line after the word Assembly these 
Words M Clerks of the several courts." 

And the question being taken thereon-, it was decided in the 
affirmative. 

Mr Crabb moved to amend the 8th section of the Schedule 
toy striki? gout all the words after the word Representative in 
the 16th line; with a view of inserting the following; *♦ the 
county of Madison shall be entitled to two Senators, and eve- 
ry other county to one Senator each " 

And the question being taken on striking out, it wa* deci- 
ded in the negative. 

The yea's and nay« being demanded by two members prc- 
sent, those who voted in the affirmative are Messrs. Arm* 
strong, John Brown, Isaac Brown, Conner, Cook, Crabb, 
Ellis, Garrow, Hanby, Jackson, M'Goffin, M'Vay, Metcalfe 
Phillips, Rogers, Sims, Terril, Thompson, Tindal, Toulmin, 
and Vaughan — 21. 

Those who voted hi the negative, are Mr. President, Messrs. 
Bibb (of Limestone) Bibb (of Montgomery) Chambers, Clay # 
Davis, Hitchcock, Hopkins, Hughes, King, Minor, Moore, 
Pickens (of Monroe) Pit kens (of Washington) Saftbld, Tay- 
lor, Towncs, Watkins, Wiggins, Wright, and Williams — It. 

Mr. Toulmin moved to amend the 3d article of the Consti- 
tution by adding a new section at the end of it in the follow- 
ing woi ds, t* whenever an enumeration is made the ratio for a 
single representative shall be established. Any county which 
has double the number of such ratio, shall be entitled to two 
Representatives. The ratio for a third representative, shall be 
the original ratio with one third thereof added to it. The ra- 
tio for a fourth representative shall be the ratio of the third, 
with one third thereof added to it. The ratio for a fifth- repre- 
sentative shalt be the ratio for the fourth, with one third there- 
of added to it. The ratio for the sixth representative shall be 
the ratio for the fifth, with one third thereof added to it The 
ratio shall advance in the same proportion for every addition* 
al reprcsentat i ve " 

And the question being taken thereon, it Was decided in the 
negative. 

The yeas and nays being demanded by two members pre- 
sent, those who voted in the affirmative, are Messrs. Arm- 
strong, John Brown, Isaac Brown, Conner, Cook, Crabb, 
Garrow, Hanby, M'Goflin, Metcalf, Pickens (of Washington; 



33 

Rogers, Saffbld, Sims, Terril, Thompson, Touhnin, Vaughan* 
and Watkins — 19. 

Those who voted iu the negative, are Mr. President, Messrs. 
Bibb (oi Limestone Bibb (of Montgomery) Chambers, Clay, 
Davis, Ellis, Hitchcock. Hopkins, Hughes,. Jackson, King, 
M'Vay, Minor, Moore, Phillips, Pickens (of Monroe) Tay- 
lor, Tindai, Townes, Wiggins, Wright and Williams— £3. 

Mr. Toulmin moved to amend the 9th section of the 3d 
article by adding the following proviso, "and provided also, 
that no connty shall be entitled to more than five representa- 
tives" And the question being taken thereon, it was deci- 
ded in the negative. 

The yeas and nays being demanded by two rnemhers pi*c* 
sent, those who voted in the affirmative, are Messrs. Arm- 
strong, Bibb (of Montgomery) John Brown, Isaac Brown, 
Conner, Cook, Crabb, Garrow, Banby f Jackson, M'Goflui, 
Metcalf, Phillips, Rogers, Safibld, Sims, Terril, Thompson, 
Toulmin, and Vaughan — 20. 

Those who voted in the negative, arc Mr. President, Messrs. 
Bibb (of Limestone) Chambers, Clay, Davis, fcllis Hitch- 
cock, Hopkins, Hughes,King, M'Vay, Minor, Moore, Pick- 
ens (of Monroe) Pickens (of Washington) Taylor, Tindai, 
Townes, Watkins, Wiggins, Wright, and W illiams— - It. 

Mr. Saffbld moved to amend the 16th section of the 6th ar- 
ticle by striking out all the section alter the word contents in 
the 4th line. And the question being taken thereon, it was 
decided in the negative. 

Mr. Williams moved to amend the 28th section in the 3d ar- 
ticle, by striking out the words " at the town of Cabawba," 
(the place designated for the seat of Government) and insert- 
ting in lien thereof, " at such place as may he prescribed by 
law n And the question being taken thereon, it was decided 
in the negative. 

The yeas and nays being demanded by two members pre- 
sent, those who voted in the atiirmativc, .are Messrs. Crabb, 
Hanby, M'Vay, Moore, Tindai and Williams— 6. 

Those who voted in the negative, are Mr.' President, Messrs. 
Armstrong, Bibb (of Limestone) Bibb (of Montgomery) John 
Brown Isaac Brown, Chambers, Clay, Conner, Cook, Da- 
vis, Ellis, Garrow, Hitchcock, Hopkins, Jackson, King, M'- 
Gofttn, Minor, Phillips, Pickens (of Monroe) Pickens (of 
Washington) Rogers, Saffbld Sims, Taylor, Terril, Thomp- 
son, Toujmin, Townes, Vaughan, Watkins, Wiggins, and 
Wright— 35. 

B 



34 

Mr Williams moved to amend the Constitution, by adding 
totbe General provisions a new section in the following words, 
"all lands liable to taxation in this State, shall be taxed in pro- 
portion to. value" And the question being taken thereon, it 
-was decided in the affirmative. 

Mr. Thompson moved to amend the 8th section of the Sche- 
dule, by striking out in the nth line the word "one" and in- 
serting "two" in lieu thereof with a view of giving Marengo 
county two Representatives instead of one. And the question 
being taken thereon, it was decided in the negative. 

Mr Bibb (of Limestone) moved to amend the 14th section 
of the 5th article by striking out from the word house in the 
7th line to the word pass in the tot ii line. And the question 
being taken -thereon? it was decided in the negative. 

Mr. Pickens (of Washington) moved to amend the Consti- 
tution by adding a new section to the General provisions in 
the following words. 

"The General Assembly shall make provision by law for ob- 
taining correct knowledge of the several objects proper for 
improvement, in relation to navigable waters, and to the roads 
in this State ; and for making a systematic and economical ap- 
plication of the means appropriated to those objects." 

And the question being taken thereon it was decided in the 
affirmative. 

Mr. Bibb of Montgomery moved to amend the 8th section 
oftbe Schedule by striking out the word " two" in the 23d 
line and inserting "one" in lieu thereof, witb a view of taking 
from toe, county of Madison one senator. And the question 
being taken thereon, it was decided in the negative. 

Mr Cook moved to amend the 2Sth section of the Sd arti- 
cle prescribing the place where the next session of the Legis- 
lature shall be held by striking out the words, " at the town 
of 'luntsviHe." And the question beingtaken thereon, it was 
decided in the negative. 

Mr Mctcalf moved to amend the new section proposed by 
Mr Williams by adding a proviso, in the following words :— 
<* Provided that the General Assembly shall have no power to 
levy on white polls a tax for county or State purposes " 

And the question being taken thereon, it was decided in the 
negative 

Mr Williams moved to reconsider the amendment proposed 
by Mr. Crabb to the 8th section of the Schedule (relative to 
the apportionment of Senatorial representation ) And the 
question being taken thereon,it was decided in the affirmative. 



35 

Mr. Crabb then moved to strike out so much of the said 
section as relates to the senatorial representation and to in. 
sert in lieu thereof the following; " and each county shall be 
entitled to one Senator who shall serve for one term." 

And the question being taken on striking out said section* 
it was decided in the affirmative. 

The yeas and nays being demanded by two members pre- 
sent, those who voted in the affirmative, are Messrs. Arm- 
strong, Bibb (of Montgomery) John Brown, Isaac Brown, 
Conner, Cook, Crabb, Ellis, Garrow, Hanby, Jackson, M*. 
Goffin, Metcalf, Phillips, Rogers, Sims, Tcrril, Thompson, 
Titidal, Toulmin, Vaugban, Wiggins, Wright & WiUams--24. 

Those who voted in the negative, are Mr. President, Messrs. 
Bibb (of Limestone) Chambers, Clay,Davis, Hitchcock, Hop* 
kins, Hughes, King, Minor, Moore, Pickens (of Monroe) 
Pickens (of Washington) Taylor, To wnes and Watkins— 16. 

Mr. Moore moved to amend the amendment so as to give 
Madison county two Senators. And the question being taken 
thereon, it was decided in the negative. 

The question was then taken on inserting the words propo- 
sed by Mr. Crabb, and passed in the affirmative. 

Mr. Moore moved to add the following new section to come 
in under the head of general provisions. "Any member of ei- 
ther house shall have liberty to dissent from and protest a- 
gainst any act or resolution which he may think injurious to 
the pubiicor an individual, and have the reasons of his dissent 
entered on the Journals." And the question being taken there 
on, it was decided in the affirmative. 

Mr. Toulmin moved to add a new section to the Judicial de- 
partment, in the following words* " whenever any Judge shall 
be unable to hold a circuit court by reason of sickness or other 
disability, the Governor shall have power to issue a temporar 
ry commission authorizing some other person to preside as 
Judge at the court or courts at which such Judge may be un*- 
ablc to attend." And the question being taken thereon, it was 
decided in the negative. 

Mr. Moore moved to amend the ). 2th section of the 3d ar- 
ticle, providing that Senators shall be elected for three years 
by striking out the word three and inserting "two" And the 
question being taken thereon, it was decided in the negative. 

The yeas and nays being demanded by two members pre- 
cent, th«»se who voted in the affirmative are Messrs. Arm* 
strong, Crabb, Garrow, Hanby, Jackson, M'Goflin, M'Vay, 



i 



36 

Metcalf, Moore, Phillips, Pickens (of Monroe) Pickens (of 
Washington) Saffold, Sims, Terril, Thompson, Tindal, 
Vaughan, "Wiggins and Williams — 20. 

Thoee who voted in the negative, are Mr. President, Messrs. 
Bibb (of Limestone) Bibb (of Montgomery) John Biown I- 
saac Brown, Chambers, Clay, Cook, Davis, Ellis, Hjtchcock, 
Hopkins, Hughes, King, Minor, Rogers, Taylor, Toulmin, 
Townes. Watkins and Wright— .22. 

Mr. Moore moved to strike out the 17th section of the 4th 
article: And the question being taken thereon, it was decided 
in the negative. 

Mr. Moore moved to strike out the word u native," in th« 
5th section of the 4tb article requiring the Governor to he a 
native citizen of the United States. And the question being 
taken thereon, it was decided in the negative. 

The yeas and nays being demanded by two members pre 
sent, those who voted in the affirmative, arc Messi>. M'Gofiln 
Moore and Rogers — S. 

Those who voted in the negative, are. Mr. President Messrs. 
Armstrong, Bibb (of Limestone) Bibb (of Montgomery) John 
Brown, Isaac Brown, Chambers, Clay, Conner, Cook,Crabb, 
Ellis, G arrow, Hanby, Hitchcock, Hopkins, Hughes, Jack« 
son, King* M'Vay, Metcalf, Minor, Phillips, Pickens (of 
Monroe) Pickens (of Washington) Saffold, Sims, Taylor, 
Terril, Thompson, Tindal, Townes, Vaughan* Watkins, 
Wiggins, Wright and Williams — 38. 

Mr. Bibb, (of Limestone) moved to amenU the 8th section 
of the Schedule, by striking out (in the 10th line) the word 
"three/ 1 and inserting the word "four," with a view of giving 
Limestone county four representatives And the question be- 
ing taken thereon, it was decided in the negative. 

On motion ordered that the Constitution be now engrossed 
for a third reading. 

On motion of Mr. Clay Resolved, that a committee of three 
members be appointed to superintend the engrossing of the 
Constitution, whereupon Messrs. Clay, King and Hitchcock, 
were appointed. 

On motion of Mr. Saffold " Resolved," that the Secretary 
fee authorised to employ an additional clerk. 

OnmotionofMr. Taylor Resolved, that when this Conven- 
tion adjourns, it will adjourn til! 11 o'clock to-morrow morning, 
Oft motion ordered that the Convention do now adjourn. 

FBIDJir, Jvly$Q,im. 
The Convention met pursuant to adjournment 



37 

The Ordinance relative to the conditions contained in tne 
6th section of the act of Congress, tor the admission of this 
Territoiy into ttie Union, waSreacl a third time and passed. 

On motion, ordered that the said ordinance be attached to 
and lie made a part of the Constitution. 

The memorial to Congress, praying that all that part of 
Florida which lies west of the Apalachicola river may be an- 
nexed to and form a part of the State of Alabama, provided 
that the late Treaty between Spain and the United States, re- 
lative to the cession of the Floridas be ratified, was read a 
a second time. And on motion ordered that the said memo- 
rial he now taken 'as engrossed and read a third time by its 
title which was clone accordingly. The question was then ta* 
ken on its passage, and decided in the affirmative. 

On motion of Mr Pickens (of Washington) Resolved, that 
the said memorial be signed by the President and counter- 
signed by the Secretary of this Convention, and transmitted 
to the Congress of the United States. 

Mr. Bibb (of Montgomery) presented an ordinance estab- 
lishing places of separate election which Was received an4 
read the first time, arid on motion the said ordinance was read 
a second time by its title and ordered to be engrossed for a 
third reading. 

On motion, Resolved, thai whe« this Convention adjourns 
it will adjourn til 1 4 o'clock this evening. 

On motion, ordered that the Convention do now adjourn. 

4 o'clock P, M. 

The Convention met pursuant to adjournment. 

On morion of Mr. Pickens (of Washington) the engrossed 
Constitution was read a third time, and the question being ta- 
ken on its passage, it Was unanimously adopted. 

On motion of Mr. Pickens (of Washington) ordered that the 
Constitution be enrolled and that the same committee who su- 
perintended the engrossing do superintend the enrolling thereof. 

On motion ordered that the Convention do now adjourn. 

SATURDAY* July SI, 1819. 
The Convention met pursuant to adjournment 
On molion of Mr. King Resolved, that an additional mem- 
ber he appointed to supply the place of Mr. Clay (absent from 
indisposition) to superintend the enrolling of the Constitutions 
whereupon Mr. Taylor was appointed. 

Mr. Atng then moved that the committee have permission 
to attend to the enrolling during the session of the Convex 
tion 5 which was granted. 



Bsr- 



38 

On motion of Mr. Bibb (of Montgomery) the ordinance es- 
tablishing separate places of election was read a third time 
and passed. 

On motion of Mr. B»bb of Montgomery, Resolved, that the 
said ordinance be considered -is enrolled ; and that it be signed 
by the President and attested by the Secretary. 

Mr. Pickens (of Washington) offered the following resolu- 
tion : Resolved that the compensation due to the members and 
officers of this Convention, as well as all other contingent ex- 
ponces of tlie Convention,be paid on the order of the President 
out of any money in tbe Tjreasupy. And the question being 
taken thereon, it was decided jti the affirmative. 

Mr. Pickens ^of Washington) offered the following resolu- 
tion. Resolved, that a copy of the Constitution be prepared un- 
der the direction of the President and transmitted to the Con- 
gress of the United States And the question being taken 
thereon, it was decided in the affirmative. 

Mr Bibb \of Montgomery) offered the following resolution. 
Resolved, that forty-four copies of the Constitution be printed 
for the use of the members of this Convention, and that one 
thousand copies be distributed by the Secretary of State a- 
inong the several counties according to the temporary appor- 
tionment of Representatives. And the question being taken 
thereon, it passed in the affirmative 

On motion, of Mr. Pickens (of Washington*) Resolved, that 
when this Convention adjourns it will adjourn till 10 o^clock 
on Monday next 

On motion, ordered that the Convention do now adjourn. 

MQjmAV, Mgust 2, 1819. 

The Convention met pursuant to adjournment. 

Mr. Clay from the committee appointed to superintend the 
enrolling of the Constitution, reported that the committee had 
according to order performed that duty, and had directed him 
to report that the Constitution Was duly enrolled. 

On motion of Mr. Hitchcock, Resolved that the President 
and members from the several counties, do now sign, and the 
Secretary attest the same. 

Whereupon it was signed and attested as follows : 

J. W. Walker, President of iht Convention, 
and Representative from Madison County, 

Madison County. — Clement C. Clay, John Leigh Towncs, 
Henry Chambers, Lemuel Mead, Henry Minor, Gabriel 
Moore John M. Taylor, 



39 

Monroe County. — John Murphy, John Watkins, James Pick* 
ens, Thomas Wiggins. 

Blount County — Isaac Brown> John Brown, Gabriel Hanby, 

IdmeStone County — Thomas Bibb, Beverly Hughes, Nich- 
olas Davis. 

Shelby County, — George Phillips, Thomas Ames Rogers, 

Montgomery County-— John Dandridge Bibb. James W. 
Armstrong. 

Baldwin County —Harry Toulmin. 

Mobile County ~-S. H. Garrow. 

Washington County —Israel Pickens-, Hem^y Hitchcock. 

Tuscaloosa County — Marmaduke Williams, John L Tirnlal, 

Lawrence County — Arthur F Hopkins, Daniel Wright, 

Franklin County— William Metcalf, Richard Ellis, 

Cotaco County — Thomas D. Ciabb, Melkijah Vaughan. 

Clarke County — Reuben Saffold, James -Magoffin* 

Cahawba County.— Littlepage Sims, 

Conecuh County —Samuel Cook, 

Dallas County — William R. King. 

Marengo County — Washington Thompson, 

Marion County— John D. Terril. 

Lauderdale County -—Hugh .M'Vay. 

St Clair County — David Conner. 

Jhitmtga County. — James Jackson. 
Attest, John Campbell Secretary of the Convention. 

On motion of Mr King Resolved, that the Secretary or the 
Convention be instructed to deposit the enrolled Constitution 
in the office of the Secretary of 3tatc. 

Mr Pickens (of Washington) offered the following resolu- 
tion, ifcsoh>ed, that the thanks ot this Convention be presented 
to JohnW.W'aikcr, President thereof, for the dignity, ability 
and impartiality, with which he has discharged the arduous 
duties of the chair. 

And the question being taken thereon, by the Secretary, it 
passed unanimously in the affirmative. 

Mr. President then rose and delivered the following ad- 
dress : 

« Gentlemen! — I receive with lively sensibility this fresh 
testimonial of your favour: while 1 have life, I ahall never 
cease to cherish a grateful recollection of the uniform kindness 
and support of this enlightened Convention. It affords mc 
sincere gratification to find that the manner in which I have 
been enabled to discharge the duties of the chair, has been sat- 
isfactory to you; and for the polite and flattering terms in 



^^—^™ \mt mmammr m 



40 

^which you hare chosen to express your approbation, I tender 
yon the return of warm and cordial t banks. 

The subject on which we were called to deliberate was of 
the first importance. Our. labours are now at an end. We 
have given to the State of Alabama a Constitution —not in- 
deed perfect— not precisely such as any one memoes of this 
body or perhaps of any individual of this community, would, 
unassisted, have framed in his closet . ¥et emphatically re- 
publican and such as gives us a clear and indisputable title, 
to admission into the great family of the Union. If it has 
some faults, it has at the same time, many excellencies ; and 
for all its defects it carries within itself the grand corrective 
of amendment. The people can mould it as they please. It 
proclaims the great first principles ot liberty: It guards the 
equal rights of all, and some new features of vital interest, 
seem to promise the happiest resnlts. The offspring of mutual 
concessibnand compromise, it occupies* that middle ground on 
which a majority was found to unite. In t toe main we have all 
approved and signed it. Let us hope that it Will be also ap- 
proved by the people of Alabama: and that iinder its auspi- 
cious influence* they and their posterity* may long be free, 
|>rosperous and happy. 

Accept gentlemen for yourselves individually, my best wish- 
es for your heaMh, happiness and long continued usefulness." 

On motion of Mr. Fickens of Washington) ordered that the 
Convention do now adjourn sine die. 

Wheitupoti it was adjourned by the President accordingly. 
JOHN CAMPBELL, 

Secretary of the CovDentzm* 



LIBRARY OF CONGRESS 



021 051 758 3 




